The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

PCB 07-48
1. George R. Strunk v. Williamson Energy LLC – No action taken.
2. Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining (Pond Creek Mine #1) - No action taken.
Fox Moraine, LLC v. United City of Yorkville, City Council – No action taken.
L. Keller Oil Properties, Inc. / Farina v. IEPA – No action taken.

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

JULY 26, 2007

CHICAGO OFFICE

100 W. Randolph Street

Conference Room 9-040

11:00 A.M.

ANNOUNCEMENTS

Chairman Girard welcomed members of the public and staff.

ROLL CALL

The Assistant Clerk of the Board called the roll. All Board Members answered present.

APPROVAL OF MINUTES

The minutes of the July 12, 2007 open meeting and the July 19, 2007 closed deliberative

sessions were approved by a vote of 4-0.

RULEMAKINGS

R06-26

In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)

SO2, NOx Annual and NOx Ozone Season Trading Programs, 35 Ill.

Adm. Code 225, Subparts A, C, D, E, and F – The Board adopted a

second notice opinion and order in this rulemaking to amend the

Board’s air pollution regulations.

4-0

R, Air

R07-2

R07-11

(cons.)

In the Matter of: SDWA Update, USEPA Amendments (January 1,

2006 though June 30, 2006); In the Matter of: SDWA Update,

USEPA Amendments (July 1, 2006 through December 31, 2006) -

The Board adopted a final opinion and order in this “identical-in-

substance” consolidated rulemaking amending the Board’s

drinking water regulations.

4-0

PWS

R07-18

In the Matter of: Fast-Track Rules Under Nitrogen Oxide (NOx)

SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217 – The Board denied the Illinois

Environmental Protection Agency’s motion for reconsideration of

the Board’s May 17, 2007 order bifurcating dockets R07-18 and

R07-19.

4-0

R, Air

R07-19

In the Matter of: Section 27 Proposed Rules for Nitrogen Oxide

(NOx) Emissions From Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Parts 211 and 217 – The Board denied the Illinois

Environmental Protection Agency’s motion for reconsideration of

the Board’s May 17, 2007 order bifurcating dockets R07-18 and

R07-19.

4-0

R, Air

ADJUSTED STANDARDS

AS 07-002

In the Matter of: Proposed Extension of Adjusted Standard

Applicable to Illinois-American Water Company’s Alton Public

Water Supply Facility Discharge to the Mississippi River – The

Board on its own order set for hearing this request for an adjusted

standard involving a Madison facility.

4-0

A,S, W

AS 07-006

In the Matter of: Petition of Cabot Corporation for an Adjusted

Standard from 35 Ill. Adm. Code Part 738, Subpart B – No action

taken.

Land

AS 07-007

In the Matter of: Petition of Illinois Department of Transportation,

District 8, for an Adjusted Standard from 35 Ill. Adm. Code

302.208(g) (NPDES Permit No. ILD0070955) – The Board granted

petitioner’s motion for withdrawal of its petition for adjusted

standard.

4-0

Water

ADMINISTRATIVE CITATIONS

AC 06-22

IEPA v. Harold Graves (Tower Hill/Graves-Ambrose) – The Board

granted respondent’s motion to withdraw his petition for review.

The Board found that this Shelby County respondent violated

Sections (p)(1) and (p)(7) of the Environmental Protection Act (415

ILCS 5/21(p)(1), (p)(7) (2006)), and ordered respondent to pay a

civil penalty of $3,000, unless it has already been paid

4-0

AC 07-34

County of Jackson v. Alvin Valdez and Ruben J. Valdez – The

Board granted complainant’s motion to dismiss the administrative

citation.

4-0

AC 07-64

IEPA v. Mercelo Mendoza – The Board found that this Champaign

County respondent violated Sections (p)(1) and (p)(7) of the

Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)),

and ordered respondent to pay a civil penalty of $3,000

4-0

AC 07-65

IEPA v. Todd McKinney – The Board granted complainant’s

motion to dismiss the administrative citation.

4-0

AC 07-66

Ogle County v. John and Angela Baker – The Board found that

these Ogle County respondents violated Section (p)(3) of the

Environmental Protection Act (415 ILCS 5/21(p)(3) (2006)), and

ordered respondents to pay a civil penalty of $1,500

4-0

AC 07-67

Ogle County v. Harry Poggioli, Jr. – The Board found that this

Champaign County respondent violated Sections (p)(3) and (p)(7)

of the Environmental Protection Act (415 ILCS 5/21(p)(3), (p)(7)

(2006)), and ordered respondent to pay a civil penalty of $3,000

4-0

AC 07-68

IEPA v. Todd McKinney – The Board granted complainant’s

motion to dismiss the administrative citation.

4-0

AC 07-69

County of Vermilion, Illinois v. Robert Martin – The Board found

that this Vermilion County respondent violated Sections (p)(1) and

(p)(3) of the Environmental Protection Act (415 ILCS 5/21(p)(1),

(p)(3) (2006)), and ordered respondent to pay a civil penalty of

$3,000

4-0

AC 08-01

IEPA v. Carol G. Prieb – The Board accepted an administrative

citation against this Union County respondent.

AC 08-02

IEPA v. Charles Stuller – The Board accepted an administrative

citation against this Macoupin County respondent.

AC 08-03

IEPA v. Swami Oil Company – The Board accepted an

administrative citation against this Iroquois County respondent.

ADJUDICATORY CASES

Decisions

None

Motions and Other Matters

PCB 02-53

E & L Trucking Company v. IEPA – The Board granted this Cook

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

PCB 04-185

Midwest Generation EME, LLC v. IEPA – No action taken.

T-S

PCB 04-215

Commonwealth Edison Company v. IEPA – No action taken.

T-S

PCB 04-216

Midwest Generation v. IEPA – No action taken.

T-S

PCB 05-15

Bill Carter d/b/a Carter Convenience Store v. IEPA – The Board

granted this White County facility’s motion for voluntary dismissal

of this underground storage tank appeal.

4-0

UST

Appeal

PCB 05-16

Royer Oil (Sorrento Garage) v. IEPA – The Board granted this

Bond County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

PCB 05-21

Randy’s Shell v. IEPA – The Board granted this Piatt County

facility’s motion for voluntary dismissal of this underground

storage tank appeal.

4-0

UST

Appeal

PCB 05-62

Keller Oil Co./Moweaqua v. IEPA – The Board granted this

Shelby County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

PCB 06-50

E & L Trucking Company v. IEPA – The Board granted this Cook

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

PCB 06-119

People of the State of Illinois v. Strata Geologic Services, Inc. –

The Board granted complainant’s motion for summary judgment.

The Board found that respondent violated various sections of the

Environmental Protection Act and the Board’s regulations.

Respondent was ordered to pay a civil penalty of $6,500.

4-0

L-E

PCB 07-16

People of the State of Illinois v. CSX Transportation, Inc – No

action taken.

W-E

PCB 07-44

Indian Creek Development Company, an Illinois partnership,

individually as beneficiary under trust 3291 of the Chicago Tiltle

and Trust Company dated December 15, 1981 and the Chicago

Tiltle and Trust Company, as trustee under trust 3291, dated

December 15, 1981 v. The Burlington Northern Santa Fe Railway

Company, a Delaware company – No action taken.

L,W-E

PCB 07-48

Village of Wilmette v. IEPA – The Board granted respondent’s

motion for summary judgment and affirmed the Illinois

Environmental Protection Agency’s denial of the requested

reimbursement. The Board denied petitioner’s motion for summary

judgment and closed this docket.

PCB 07-66

Ted’s Citgo v. IEPA – The Board granted this Lake County

facility’s motion for voluntary dismissal of this underground

PCB 07-96

Kyle Nash v. Karen Sokolowski – The Board found this citizen’s

air water enforcement action involving a Cook County facility,

neither duplicative nor frivolous and accepted the complaint for

PCB 07-97

Kyle Nash v. Louis Jimenez – The Board found this citizen’s air

water enforcement action involving a Cook County facility, neither

duplicative nor frivolous and accepted the complaint for hearing.

4-0

Citizens

N-E

PCB 07-109

Lawrence Reed v. Mark Howard – No action taken.

Citizens

N-E

PCB 07-110

City of Granite City v. IEPA – Having previously granted a request

for a 90-day extension, the Board dismissed this matter because no

underground storage tank appeal was filed on behalf of this facility

located in Madison County.

4-0

UST

Appeal

PCB 07-135

George R. Strunk v. Williamson Energy LLC – No action taken.

Citizens

A,N,W-E

PCB 07-145

Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining

(Pond Creek Mine #1) - No action taken.

Moore

Citizens

N-E

PCB 07-146

Fox Moraine, LLC v. United City of Yorkville, City Council – No

action taken.

Girard

P-C-F-S-R

PCB 07-147

L. Keller Oil Properties, Inc. / Farina v. IEPA – No action taken.

Moore

P-A

PCB 07-149

Biomedical Technology Solutions, Inc. v. IEPA – The Board

ordered petitioner to file an amended petition to cure noted

deficiencies, accompanied by an attorney’s appearance on or before

August 27, 2007, or the petition would be subject to dismissal.

4-0

A-V

PCB 08-07

People of the State of Illinois v. Union Pacific Railroad Company –

The Board accepted for hearing this public water supply

enforcement action involving a site located in Cook County.

4-0

PWS-E

PCB 08-08

People of the State of Illinois v. Arona Corporation, d/b/a Aaron’s

Sales & Lease Ownership – The Board accepted for hearing this air

enforcement action involving a site located in Winnebago County.

4-0

Air-E

PCB 08-09

Midwest Generation, LLC, Will County Generating Station v.

IEPA – The Board accepted for hearing this permit appeal

involving a Will County facility. No action was taken on

petitioner’s motion for stay of specified conditions in the permit.

4-0

P-A

Air

CASES PENDING DECISION

R07-18

In the Matter of: Fast-Track Rules Under Nitrogen Oxide (NOx)

SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217 –Proposed Rule, Second Notice,

Opinion & Order (due 8/9/07)

R, Air

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:29

a.m.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board approved the above minutes on August 9, 2007, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board